secure scheduling ordinance office of labor standards · date (xx/xx/xxxx)12/14/2018 department...
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Date (xx/xx/xxxx) Department Name Page Number12/14/2018 Office of Labor Standards 112/14/2018 Office of Labor Standards
Secure Scheduling OrdinanceOffice of Labor Standards
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Thank you for joining ourSecure Scheduling Webinar.
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Seattle Labor Standards1. Minimum Wage
2. Wage Theft
3. Paid Sick and Safe Time
4. Fair Chance Employment
5. Secure Scheduling
6. Hotel Employees Health and Safety Initiative
7. Domestic Workers Ordinance
8. Commuter Benefits Ordinance
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Ask us!
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ON-LINE RESOURCEShttp://www.seattle.gov/laborstandards/ordinances/secure-scheduling
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• Links to Ordinance
• Links to Administrative Rules
• Power point presentations
• Templates
• Workplace Poster
• Translations
• Questions & Answers
ON-LINE RESOURCEShttp://www.seattle.gov/laborstandards/ordinances/secure-scheduling
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HOURLY EMPLOYEES
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1. Type of Business
Retail = 2012 or 2017 NAICS code 441 through 453998
Food Service = 2012 or 2017 NAICS code 722
2. Size of Business
500+ employees worldwide
Full Service Restaurants = 40+ restaurant locations
Large Food Services & Retail
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NAICS Code North American Industry Classification System
https://www.census.gov/eos/www/naics/
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NAICS Code--Seattle Business licensehttps://www.seattle.gov/licenses/find-a-business
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NAICS Code--Seattle Business licensehttps://www.seattle.gov/licenses/find-a-business
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1. Advance notice of schedule
2. Pay for schedule changes
3. Good faith estimate of work schedule
4. Right to request input into work schedule
5. Right to rest between work shifts
6. Access to hours for current employees
Scheduling Requirements
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Employer provides work schedule
14 days in advance.
Advance notice of work schedule
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Advance notice of work schedule
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Exceptions for “new and returning employees” Employees with a work schedule change.
New employees at time of hire.
Transfers, promotions, and new job classifications.
Employees who are jointly employed and starting a new assignment (e.g. employees provided by a staffing agency, contractor, subcontractor); and
Returning employees from a leave of absence.
EXCEPTIONS Advance notice of schedule
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Employer provides additional pay for employer-requested schedule changes
(with some exceptions).
Pay For Schedule Changes
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Additional pay (i.e. “premium pay”) in addition to payment for hours worked.
1. Adding hours = Payment for one hour at the scheduled rate.
Pro-rated payment allowed for schedule changes that are less than one hour.
Employee right to decline.
2. Subtracting hours (including on-call shifts) = Payment for half the hours not worked.
Grace period = 15 minutes.
Pay For Schedule Changes
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Employer DOES NOT provide additional pay for certain schedule
changes.
Exceptions Pay For Schedule Changes
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1. Employee-requested changes*2. Shift swaps3. Access to hours 4. Discipline*5. Operations cannot begin or continue6. Mass communication*7. In-person group communication
* Record-keeping requirement
Exceptions Pay For Schedule Changes
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“Mass communication”
Employer-initiated, written message sent to two or more employees about availability of additional hours due to a scheduled employee not being able
to work.
Required information 1. The message is a mass communication;2. Accepting the offer of additional hours is voluntary and the employee
has the right to decline such hours; and3. Accepting such hours does not require the employer to provide
additional pay for work schedule changes.
Exceptions Pay For Schedule Changes
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“In-person group communication”
Employer-initiated, discussion with two or more employees about availability of additional hours due to unanticipated customer needs.
Hours must be consecutive to current shift.
Required information
1. Accepting the offer of additional hours is voluntary and the employee has the right to decline such hours; and
2. Accepting such hours does not require the employer to provide additional pay for work schedule changes.
Exceptions Pay For Schedule Changes
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Employer provides written estimate of median hours and on-call shifts.
Good Faith Estimate
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1. Employer provides written information.
Median hours per work schedule over one year period (divided into quarters);
On-call shifts.
2. New employees. Provide GFE at time of hire.
3. Existing employees.
Revise GFE once every year;
Revise GFE when an employee provides notice of a “significant change” (30% change over a quarter period) between median hours in GFE and advance work schedule.
4. Translations required. Provide GFE in English and primary language of the employee.
Good Faith Estimate
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Good Faith Estimatehttp://www.seattle.gov/laborstandards/ordinances/secure-scheduling
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Good Faith Estimatehttp://www.seattle.gov/laborstandards/ordinances/secure-scheduling
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Employee can request schedule preferences prior to posted
work schedule.
Right To Request
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1. Employee can request specific times and locations of work.
2. Employer must complete “interactive process” within 3 weeks.
3. Employer has increased obligations for requests due to “major life events.”
Grant such requests unless there is a bona fide business reason for denial.
Provide a written response (e.g. written schedule for grants).
4. Employer can ask for “verifying information” of major life event.
Inform employee of ability to redact private information.
Accept written statement from employee or other documents described in SS rules.
Right To Request
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Important, serious or significant event related to employee's access to the workplace due to:
Changes in employee's transportation.
Changes in employee’s housing.
Employee's own serious health condition.
Employee's responsibilities as a caregiver.
Employee's enrollment in a career-related educational or training program.
Employee's other job or jobs.
Major Life Event
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Significant & identifiable burden of additional costs.
Significant & identifiable detrimental effect on ability to meet organizational demands
A work schedule change that requires an employer to pay additional compensation under a law or written policy (e.g. holiday pay).
An action causing employer to violate a bona fide collective bargaining agreement or a seniority system in a written policy;
An action causing the employer to displace one or more employee(s) from an existing work schedule arrangement.
Bona Fide Business Reason
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Employer provides additional pay for “clopenings” separated by less
than 10 hours.
Right To Rest
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1. “Clopening” Employee works closing and opening work shifts.
2. Employee request or consent
Employer can only schedule clopenings separated by less than 10 hours upon employee request or consent.
3. Additional pay (i.e. “premium pay”)
Employer must pay 1.5x scheduled rate of pay for hours worked that are less than ten hours apart.
4. Exception
Additional pay does not apply to “split shifts.”
Right To Rest
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Before hiring new employees
(including temporary employees)
employers must offer additional hours of work to current employees.
Access To hours
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3 + 2 Days = Notice + Offer1. Notice Three days
Employer posts written information about additional hours in noticeable place at worksite for all employees on the payroll
2. Offer Two Days
Employer offers additional hours to qualified, current employee(s) and allows two days to consider offer.
Access To hours
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Access To hours
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Employer can immediately hire new employees in certain
situations.
Exceptions Access To Hours
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1. Written declination from all current employees
2. Written declination from employees on “Access to Hours List(s)”
Written list of employees who receive notice of additional hours available for work.
Employees are automatically on the list.
Employees can ask to be added or removed at time of hire or during employment.
Employer must make list available for viewing to employees upon request.
Exceptions Access To Hours
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3. Diversity hiring programs
Hours of work that the employer has designated for hiring programs (e.g. diversity, supported employment, young adult programs);
Affiliated with a government entity or external non-profit organization;
Approved by Labor Standards Advisory Commission; and
Confirmed by OLS.
Exceptions Access To Hours
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1. Record keeping
2. Poster & translations
3. Protections against retaliation
4. Waiver in CBA
5. Employees who are jointly employed
OTHER REQUIREMENTS
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1. Good faith estimates
2. Right to request – Employer’s grant or denial of employee’s request for schedule preferences related to major life event.
3. Advance notice of work schedules
4. Pay for work schedule changes - Payroll records showing additional pay provided to each employee.
5. Exceptions to pay for work schedule changes Mass communications. Documentation of employee-requested changes. Documentation of employee discipline.
6. Access to hours - Notices for additional hours of work.
7. Exceptions to access to hours Written confirmation from employees – Confirmation from all employees, or employees on the access
to hours list, that they are not interested in accepting additional hours of work. Access to hours list(s) - Records of employees who have opted out of receiving written notice of
additional hours of work.
Record Keeping – 3 years
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Display SS workplace poster
English and employee’s primary language(s)
Download from OLS website
Pick-up from OLS
Pick-up from Seattle Customer Service Centers
Scheduling Posterhttp://www.seattle.gov/laborstandards/ordinances/secure-scheduling
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1. Employers must translate the following documents
Good faith estimate
Advance notice of work schedule
Notice for access to hours
Workplace poster
2. OLS will translate documents and post on website
Employers are not required to provide translations until OLS posts the appropriate documents
Translations
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1. Protections from retaliation
Employers shall not interfere with any employee right protected by ordinance.
Employees have the right to decline any hours not on the posted schedule.
2. Discipline permitted for certain situations
Abuse of employer’s requirements for employee-requested work schedule changes and/or preferences PRIOR to posted work schedule; and
Failure to comply with, or abuse of, employer’s requirements for employee-requested work schedule changes AFTER the posted work schedule.
Retaliation
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Waiver allowed in CBA1. Express waiver - Waiver must be expressly stated in a
collective bargaining agreement; and
2. Alternative scheduling structure - Employees must ratify an alternative scheduling structure that meets public policy goals of ordinance
Waiver
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Special requirements for joint employees: Temporary services provider Staffing agency
Contractor Subcontractor Other employer(s)
Joint Employees
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1. Joint liability - Joint employers are individually and jointly responsible for compliance.
2. Good faith estimate - Employers provide a good faith estimate when such employees start each distinct assignment.
3. Advance notice of work schedule - Employers may immediately place such employees on posted work schedules without providing 14 days of advance notice.
4. Pay for work schedule changes - Employers provide additional pay for each work schedule change after such employee has started a distinct assignment.
5. Access to hours - Employers are not required to provide notice of additional hours of work to such employees if they are not on the employer’s payroll.
Joint Employees
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Which of the following situations requires additional pay for work schedule changes after the schedule is posted?
1. Employee calls out sick. Manager calls all employees on the roster to find replacement coverage. Maria picks-up the shift.
2. Business is slow. Manager asks currently-working employees if anyone wants to go home early, Jose accepts the offer and leaves 90 minutes early.
3. Business is booming. Manager sends a mass text to all employees with notice of additional hours. Erica accepts two shifts.
Scenarios Pay For Work Schedule Changes
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Which of the following situations requires additional pay for work schedule changes after the schedule is posted?
1. Business is uncertain. Manager adds an “open shift” on the posted schedule and asks employees to sign-up if they are interested.
2. Weather is wretched and gloomy. Manager of an outdoor café sends all employees home, but stays herself to staff the business solo.
3. A tree fell on the store during the windstorm. The store is closed for a week and all shifts are cancelled.
Scenarios Pay For Work Schedule Changes
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